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(영문) 수원지방법원 성남지원 2017.02.15 2016가합204116

소유권말소등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. On April 12, 1985, the relationship between the Plaintiffs and the Defendant and the father of the Defendant (hereinafter “the networkD”) died. At the time, there was the Plaintiffs, children, Defendant, F, and G as the wife’s heir.

Since then, E (hereinafter “the network E”) died on June 25, 2014, and at the time, there were Plaintiffs, Defendant, F, and G, who were children of the network E.

B. On the other hand, after the death of the deceased D, the registration of transfer of ownership in the name of the defendant (hereinafter “each of the instant lands”) was completed with respect to each of the instant lands as the grounds for the registration of transfer of ownership in the name of the defendant, which was based on the inheritance by agreement division as of August 30, 1986, No. 18732, Apr. 12, 1985, as to each of the instant lands.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 16, Gap evidence 2-1 to 4, the purport of the whole pleadings

2. Whether the purport of the claim is modified: On December 22, 2016, where the lawsuit of this case is pending, the non-permission plaintiffs submitted a preparatory document and an application for modification of the purport of the claim to this court on December 22, 2016, and demanded that the plaintiffs withdraw the assertion recorded in the complaint of this case, the plaintiffs demanded the restoration of inheritance shares to the defendant, and the network E also demanded that the plaintiffs transfer the property even if there is no inheritance to the defendant. Accordingly, the defendant promised to sell the land of this case to the network E and the plaintiffs in Gwangju-si and Gwangju-si Ha to sell the land of this case of 18,90,000,000 won and KRW 75,000,000,000,000 won. Accordingly, the defendant asserted that the defendant should not be identical to the previous claim for modification since it did not permit the change of the reason and purport of the claim.

. Domins, civil procedure.